Wife and Child Desertion.

WHEN AND HOW MAINTENANCE ORDER OBTAINED.

In cases where a wife or child has been unlawfully deserted or left without means of support by the husband or father a remedy is provided by the "Deserted Wives and Children's Act," under the provisions of which a contribution to their support may be obtained.

Complaint should be made to a magistrate by the wife or mother, or by some respectable person on behalf of either; and a summons in case of such neglect to provide proper means of support, or a summons or warrant, in case of such desertion or on proof on oath of the husband's intention to abscond, may be issued.

The facts should be shown by affidavit, and, on the day fixed for hearing the complaint, two magistrates inquire into the matter, and on being satisfied that:

1. The wife or child is actually without means of support; and that,

2. The husband, etc., is able to maintain them or contribute to their support; and that,

3. The marriage is satisfactorily proved.

-such magistrates may make a written order for :

(a) The payment by the husband of any moderate weekly or monthly sum; and, if they think fit,

(b) The demand and

receipt of any income payable to him, or of any moneys held or receivable by any person for him.

The monies payable or receivable under such order are applicable in either case towards the support of the wife or child.

SEIZURE AND SALE OF HUSBAND'S GOODS, ETC. When the following is shown by affidavit, viz.: that— 1. The wife or child is without means of support; and, 2. The husband or father is able to maintain them or contribute towards their support; and,

3. The wife or child is deserted; and,

4. The marriage is satisfactorily proved. ·

-the adjudicating magistrates (in the above-mentioned order), or any two magistrates (in a like order) may authorise

(a) The seizure and sale of a portion of the husband's goods; and

(b) The demand and receipt of part of his rents.

But such two magistrates (not being those who adjudicate) must first be satisfied on oath that the husband or father has left the State; and they may authorise such seizure, etc., and de mand, etc., without previously issuing any summons or warrant.

ENFORCEMENT OF ORDERS.

One magistrate may inquire into the matter in case of disobedience to any order, and may enforce such order by committing the offender to prison until he shall comply with same, or by imposing a fine of not less than £5 nor more than £50.

Half the above fine will go to the wife, or to the wife and child, as the case may be.

ORDER PROTECTING PROPERTY ACQUIRED BY

WIFE AFTER DESERTION.

Upon application of the wife any Supreme or District Court judge may grant an order protecting any personal property of the wife acquired by her after desertion from the husband and his creditors. Such order is made upon an affidavit being filed showing that she has been deserted, and that such desertion was without reasonable cause. If the husband or his creditors seize such property after the above order has been made, the wife may sue him or them and recover double the value of the property and double costs. Such an order may be rescinded on proof that the desertion was not without reasonable cause, or of co-habitation since it was made.

MISCELLANEOUS PROVISIONS.

The provisions above-mentioned are equally applicable to an illegitimate child, and in this case, the mother may be ordered to contribute to its support, either alone or with the father.

Marriage may be proved by an affidavit of the time, place, and circumstances thereof. A recognizance with sureties may be required when an order is made for the maintenance of a wife or child; and if not duly entered into, the magistrates may commit the offender to prison for not more than twelve months, unless such requisition be sooner complied with.

The wilful and unlawful desertion of children under sixteen is, if the offender is able to maintain them or contribute towards their support, a misdemeanour punishable with imprisonment for not exceeding twelve months. The Court of

Quarter Sessions for the district in which the order was made may quash, confirm or vary same, whether an appeal has been made or not; and any two magistrates may vary an order for maintenance, provided that notice of application for this purpose be previously given all parties to be affected thereby.

Wills.

WILLS GENERALLY.

The statute law affecting wills is contained in the "Wills,. Probate and Administration Act" of 1898.

Every will (with two exceptions subsequently noticed). must be in writing, signed at the foot by the testator, or some other person in his presence and by his direction; and such signature must be made or acknowledged by the testator in the presence of two or more witnesses, who must attest the will in his presence. But soldiers on an expedition, and seamen, being at sea, may dispose of their personal estate by an unattested writing, or even by an oral declaration of their will, made in the presence of a sufficient number of witnesses.

No will made by a person under the age of twenty-one years is valid; but every person of full age and mental capacity may devise or bequeath by will all real and personal estate to which such person may be entitled, at the time of his or her decease.

A gift of a fee simple may be made by will without the use of the word heirs; in fact, if the devise is accompanied by no words of limitation, it will pass the whole estate or interest which the testator could dispose of by will, unless a contrary intention appear by the will itself.

A gift by will "to the first son of A., a living person, who shall attain the age of twenty-four years," is void, because it may exceed the time within which estates may be tied up; this time is limited to existing lives and twenty-one years afterwards.

The accumulation of income is forbidden for any longer term than the life of the grantor, or twenty-one years from the death of the grantor or testator, or during the minority of any person living, or en ventre sa mere, at the death of the grantor or testator; and this provision applies to both real and personal estate.

A perpetuity is an estate given to the children of an unborn child; such a gift is void both at law and in equity-and whether the property be real or personal.

Wills of British subjects made out of the United Kingdom are valid, as regards personal estate, if made according to the law of the place where made, or of the place of testator's domicile.

Where two contradictory clauses appear in a will, the first will be rejected and the second accepted, as expressing the intention of the testator.

REVOCATION OF WILLS.

A will may be revoked at any time during the life of the testator in any of the following ways.

1. By the marriage of the testator, whether a man or a

woman.

2. By burning, tearing, or otherwise destroying the will, by the testator or some person in his presence, and by his direction, with the intention of revoking the

same.

3. By any writing, executed in the same manner as a will, and declaring an intention to revoke, or by a subsequent will or codicil.

A codicil is an instrument in writing made subsequently to the will, and by which its disposition are explained or altered; it must be executed in the same manner as a will.

DIRECTIONS AS TO MAKING A WILL.

The property to be disposed of should be accurately described, and so also should the various devisees and legatees.

Any interlineations, erasures, or alterations should be initialled by the testator and the witnesses; or recited in the attestation clause as having been inserted in the will before its execution.

The testator must sign the will in the presence of two witnesses, who must afterwards sign their names at the foot of the attestation clause in the presence of the testator and of each other.

If the will consists of several sheets of paper, each sheet should be signed by the testator and witnesses.

No person to whom, or to whose wife or husband, any beneficial interests is given by the will should attest the same; for if such person does so, the gift to such person, or to his or her wife or husband, will be void. But such person will, in other respects, be a good witness. The mere fact of being appointed executor is no objection to a witness; and the will may also be witnessed by creditors of the testator, even though it contains a charge for payment of debts. The witnesses should also specify their places of abode and calling, so that an affidavit of due attestation may be obtained without delay whenever it becomes necessary to obtain probate of the will. The language of the will should be as clear and concise as possible, and no intricate limitations of real estate should be attempted by persons not fully aware of their effect; the law will, as previously explained, carry

the whole estate or interest of the testator to the devisee without any words of limitation. It should be noted that a devise to "A. for his life and after his death to his heirs" will give him a fee simple, and not a life estate merely.

FORMS OF WILLS, BEQUESTS, ETC.

WILL GIVING ALL TESTATOR'S PROPERTY TO HIS WIFE AND

CHILDREN.

NOTE. The form of will given on this page should read :— "This is the last Will and Testament of me, A.B., of in the State of New South Wales. I appoint," etc., etc.

It will be seen that the first line has been omitted, and the second line duplicated through a printer's error.

captuses,

to pay the sum of £- to my wife, C. B., for her own sole and separate use absolutely, and then to stand and be possessed of the residue of the money remaining upon trust to divide the same in equal portions between my two sons, D. B. and E. B., and my daughter, F. B. And I declare that the share or portion taken by the said F. B. under the aforesaid trust for sale shall be for her sole and separate use.

And I hereby authorise and direct my said trustees or the survivor of them, their or his executors, administrators or assigns, to invest the share or portion of any of my said children during his, her or their minority upon any security or securities within the State aforesaid which shall generally be considered proper for the investment of trust funds, and during such minority as aforesaid, to apply the moneys or income arising from such investment or investments towards the maintenance, education, and advancement of such child or children. I hereby revoke all former wills and testamentary dispositions by me made, and declare this to be my last will and testament. In witness whereof I have hereunto set my hand this day of

Signed and acknowledged by the said A. B. as his last Will and Testament in the joint presence of us who, before leaving his presence or the presence of each other, have hereto set our names as witnesses.

A. B.

[Signatures, descriptions and addresses of witnesses.]